CLAUSE PRECLUDES COVERAGE FOR DEFECTIVE WORK

The Court of Appeals of Washington found that an exclusionary clause in a comprehensive general liability (CGL) insurance policy did not cover defective work on a road construction project. During construction of seismic retrofits for an expressway, Diamaco, Inc., was forced to replace structures containing defective epoxy. They complied, but not within contract-specified time limits. The city sought damages for the delay and other expenses. Diamaco was covered by a CGL policy, but had agreed, as a term of the policy, to obtain separate insurance for the expressway project. Diamaco sued its insurer, seeking a declaration from the court that the CGL policy covered the city's claim. The trial court ruled against Diamaco. The appellate court said that evidence showed that Diamaco had agreed to provide separate insurance and because of that, coverage under the policy was barred by the exclusionary clause.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/oclc/10480594
• Corporate Authors:

  American Society of Civil Engineers

  1801 Alexander Bell Drive
  Reston, VA  United States  20191-4400
• Publication Date: 2000-3

Language

• English

Media Info

• Pagination: p. 72
• Serial:
  • Civil Engineering
  • Volume: 70
  • Issue Number: 3
  • Publisher: American Society of Civil Engineers
  • ISSN: 0885-7024
  • Serial URL: http://www.pubs.asce.org/ceonline/newce/html

Subject/Index Terms

• TRT Terms: Appeals; Court decisions; Earthquakes; Epoxy resins; Expressways; Liability insurance; Loss and damage claims; Retrofitting; Schedule maintenance
• Geographic Terms: Washington (State)
• Subject Areas: Highways; Law; Maintenance and Preservation; I10: Economics and Administration;

Filing Info

• Accession Number: 00789045
• Record Type: Publication
• Files: TRIS
• Created Date: Mar 27 2000 12:00AM